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The Shoreland-Wetland Zoning District is intended to protect wetlands five acres or greater within 1,000 feet of the ordinary high water mark of navigable lakes, ponds, or flowages or 300 feet from the ordinary high water mark of navigable rivers or streams, or the landward side of the floodplain, whichever distance is greater.
(A) District boundaries.
(1) The Shoreland-Wetland Zoning District includes all wetlands in the municipality which are five acres or more and are shown on the surface water data viewer with the Wetlands, Plant, and Habitat: Wisconsin Wetland Inventory turned on as well as the Wisconsin Wetland Inventory maps stamped “FINAL” on, whichever is determined to provide the best available information, that have been adopted and made a part of this chapter and which are:
(a) Within 1,000 feet of the ordinary high water mark of navigable lakes, ponds, or flowages. Lakes, ponds, or flowages in the municipality shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter; or
(b) Within 300 feet of the ordinary high water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter. Floodplain zoning maps adopted in division (D) below shall be used to determine the extent of floodplain areas.
(2) Determinations of navigability and ordinary high water mark location shall initially be made by the state’s Department of Natural Resources. When questions arise, the Zoning Administrator shall contact the appropriate district office of the state’s Department of Natural Resources for a final determination of navigability or ordinary high water mark.
(3) When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the state’s Department of Natural Resources to determine if the shoreland-wetland district boundary, as mapped, is in error. If the state’s Department of Natural Resources staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in divisions (A)(4) and (A)(5) below, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
(4) Wetlands which are filled prior to the date on which the municipality received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this chapter.
(5) Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982, under Wis. Stats. § 30.11 are not subject to this chapter.
(B) Permitted uses. The following uses are permitted, subject to the provisions of Wis. Stats. Chapters 30 and 31, and the provisions of other local, state, and federal laws, if applicable.
(1) Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:
(a) Hiking, fishing, trapping, hunting, swimming, snowmobiling, and boating;
(b) The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
(c) The practice of silviculture, including the planting, thinning, and harvesting of timber;
(d) The pasturing of livestock;
(e) The cultivation of agricultural crops; and
(f) The construction and maintenance of duck blinds.
(2) Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:
(a) The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
(b) The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
(c) The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;
(d) The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
(e) The construction and maintenance of piers, docks, walkways, observation decks, and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
(f) The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland Zoning District, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in § 151.07(C); and
(g) The maintenance, repair, replacement, and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement, or reconstruction.
(3) Uses which are allowed upon the issuance of a permit and which may include wetland alterations only to the extent specifically provided below:
(a) The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services, or to provide access to uses permitted under division (C) below, provided that:
1. The road cannot, as a practical matter, be located outside the wetland;
2. The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in § 151.07(C);
3. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
4. Road construction activities are carried out in the immediate area of the roadbed only; and
5. Any wetland alteration must be necessary for the construction or maintenance of the road.
(b) The construction and maintenance of nonresidential buildings, provided that:
1. The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows, or other wetland or aquatic animals;
2. The building cannot, as a practical matter, be located outside the wetland;
3. The building does not exceed 500 square feet in floor area; and
4. Only limited filling and excavating necessary to provide structural support for the building is allowed.
(c) The establishment and development of public and private parks and recreation areas; outdoor education areas; historic, natural, and scientific areas; game refuges and closed areas; fish and wildlife habitat improvement projects; game bird and animal farms; wildlife preserves and public boat launching ramps, provided that:
1. Any private development allowed under this division (B)(3)(c) shall be used exclusively for the permitted purpose;
2. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the construction of park shelters or similar structures is allowed;
3. The construction and maintenance of roads necessary for the uses permitted under this division (B)(3)(c) are allowed only where such construction and maintenance meets the criteria in division (B)(3)(a) above; and
4. Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
(d) The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines, and related facilities and the construction and maintenance of railroad lines provided that:
1. The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
2. Only limited filling or excavating necessary for such construction or maintenance is allowed; and
3. Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in § 151.07(C).
(C) Prohibited uses.
(1) Any use not listed in division (B) above is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with § 151.07; and
(2) The uses of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high water mark of any navigable waters are prohibited.
(D) Shoreland-wetland zoning maps. The following maps are hereby adopted and made part of this chapter and are on file in the office of the Municipal Clerk:
(1) Wetland inventory. Surface water data viewer with the Wetlands, Plant, and Habitat: Wisconsin Wetland Inventory turned on, DNR website:
http://dnrmaps.wisconsin.gov/imf/imf.jsp?site=SurfaceWaterViewer
(2) Floodplain zoning maps.
(a) Flood Insurance Rate Map (FIRM) panel 0083F, dated 12-4-2007, with corresponding profiles that are based on the Flood Insurance Study (FIS) dated 12-4-2007; and
(b) Flood Insurance Rate Map (FIRM) panel 009IF, dated 12-4-2007, with corresponding profiles that are based on the Flood Insurance Study (FIS) dated 12-4-2007.
(3) United States geological survey map. Newburg, WI NE/4 West Bend 15' U.S.G.S. Quadrangle panel 43088-D1-TF-024, dated 1959 and revised 1994; and
(4) Zoning map. Official Zoning Map of the village, dated 12-6-2007 and adopted on 12-13-2007, with any amendments.
(Prior Code, § 23.04)
The lawful use of a building, structure, or property which existed at the time this chapter or an applicable amendment to this chapter took effect and which is not in conformity with the provisions of the chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:
(A) The shoreland-wetland provisions of this chapter, authorized by Wis. Stats. § 61.351, shall not limit the repair, reconstruction, renovation, remodeling, or expansion of a nonconforming structure or of any environmental control facility related to such a structure in existence on the effective date of the shoreland-wetland provisions. All other modifications to nonconforming structures are subject to Wis. Stats. § 62.23(7)(h), which limits total lifetime structural repairs and alterations to 50% of current fair market value;
(B) If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure, or property shall conform to this chapter;
(C) Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this chapter, adopted under Wis. Stats. §§ 61.351 or 62.231, may be continued although such use does not conform with the provisions of the chapter. However, such nonconforming use may not be extended;
(D) The maintenance and repair of nonconforming boathouses which are located below the ordinary high water mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121; and
(E) Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
(Prior Code, § 23.05)
(A) Zoning Administrator. The Zoning Administrator and Village Engineer are authorized to administer this chapter and shall have the following duties and powers:
(1) Advise applicants as to the provisions of this chapter and assist them in preparing permit applications and appeal forms;
(2) Issue permits and certificates of compliance and inspect properties for compliance with this chapter;
(3) Keep records of all permits issued, inspections made, work approved, and other official actions;
(4) Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties;
(5) Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within ten days after they are granted or denied to the appropriate district office of the state’s Department of Natural Resources; and
(6) Investigate and report violations of this chapter to the appropriate municipal planning agency and the district attorney, corporation counsel, or municipal attorney.
(B) Zoning permits.
(1) When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in § 151.02, or any change in the use of an existing building or structure is initiated.
(2) Application. An application for a zoning permit shall be made to the Zoning Administrator upon forms furnished by the municipality and shall include, for the purpose of proper enforcement of these regulations, the following information.
(a) General information.
1. Name, address, and telephone number of applicant, property owner, and contractor, where applicable;
2. Legal description of the property and a general description of the proposed use or development; and
3. Whether or not a private water supply or sewage system is to be installed.
(b) Site development plan. The site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:
1. Dimensions and area of the lot;
2. Location of any structures with distances measured from the lot lines and centerline of all abutting streets or highways;
3. Description of any existing or proposed on-site sewage systems or private water supply systems;
4. Location of the ordinary high water mark of any abutting navigable waterways;
5. Boundaries of all wetlands;
6. Existing and proposed topographic and drainage features and vegetative cover;
7. Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;
8. Location of existing or future access roads; and
9. Specifications and dimensions for areas of proposed wetland alteration.
(c) Expiration. All permits issued under the authority of this chapter shall expire 24 months from the date of issuance.
(C) Certificates of compliance.
(1) Except where no zoning permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt, or replaced shall be occupied, until a certificate of compliance is issued by the Zoning Administrator, subject to the following provisions:
(a) The certificate of compliance shall show that the building or premises or part thereof and the proposed use thereof conform to the provisions of this chapter;
(b) Application for such certificate shall be concurrent with the application for a zoning or conditional use permit; and
(c) The certificate of compliance shall be issued within ten days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this chapter.
(2) The Zoning Administrator may issue a temporary certificate of compliance for a building, premises, or part thereof pursuant to rules and regulations established by the municipal governing body.
(3) Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of chapter adoption, certifying after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this chapter.
(D) Conditional use permits.
(1) Application. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Board of Appeals following the procedures in divisions (H)(2) through (H)(4) below.
(2) Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 151.01(D). Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
(1) Zoning permits;
(2) Certificates of compliance;
(3) Public hearings;
(4) Legal notice publications;
(5) Conditional use permits; and
(6) Rezoning petitions.
(F) Recording. Where a zoning permit or conditional use permit is approved, an appropriate record shall be made by the Zoning Administrator of the land use and structures permitted.
(G) Revocation. Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the Board of Appeals.
(H) Board of Appeals. The Village President shall appoint a Board of Appeals, under Wis. Stats. § 62.23(7)(e), consisting of five members subject to confirmation by the municipal governing body. The Board of Appeals shall adopt rules for the conduct of its business as required by Wis. Stats. § 62.23(7)(e)3.
(1) Powers and duties. The Board of Appeals:
(a) Shall hear and decide appeals where it is alleged there is error in any order, requirement decision, or determination made by an administrative official in the enforcement or administration of this chapter;
(b) Shall hear and decide applications for conditional use permits; and
(c) May authorize, upon appeal, a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates:
1. Literal enforcement of the terms of the chapter will result in unnecessary hardship for the applicant;
2. The hardship is due to special conditions unique to the property and is not self-created or based solely on economic gain or loss;
3. Such variance is not contrary to the public interest as expressed by the purpose of this chapter; and
4. Such variance will not grant or increase any use of property which is prohibited in the zoning district.
(2) Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board, or bureau of the community affected by any order, requirement, decision, or determination of the Zoning Administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the official whose decision is in question and with the Board of Appeals a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.
(3) Public hearings.
(a) Before making a decision on an appeal or application, the Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Board shall give public notice of the hearing by publishing a Class 2 notice under Wis. Stats. Chapter 985, specifying the date, time, and place of the hearing and the matters to come before the Board. At the public hearing, any party may present testimony in person, by agent, or by attorney.
(b) A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the state’s Department of Natural Resources at least ten days prior to all public hearings on issues involving shoreland-wetland zoning.
(4) Decisions.
(a) The final disposition of an appeal or application for a conditional use permit before the Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing, and signed by the Board Chairperson. Such decision shall state the specific facts which are the basis of the Board’s determination and shall either affirm, reverse, or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a conditional use.
(b) A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the state’s Department of Natural Resources within ten days after the decision is issued.
(c) Any person or persons aggrieved by any decision of the Board of Appeals may, within 30 days after the filing of the decision in the office of the Board of Appeals, seek court review of the decision.
(Prior Code, § 23.06) (Ord. 03-2019, passed 2-14-2019)
The municipal governing body may alter, supplement, or change the district boundaries and the regulations contained in this chapter in accordance with the requirements of Wis. Stats. § 62.23(7)(d)2., Wis. Adm. Code NR 117, and the following.
(A) A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the state’s Department of Natural Resources within five days of the submission of the proposed amendment to the municipal planning agency.
(B) All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency and a public hearing shall be held after Class 2 notice, as required by Wis. Stats. § 62.23(7)(d)2. The appropriate district office of the state’s Department of Natural Resources shall be provided with written notice of the public hearing at least ten days prior to such hearing.
(C) In order to ensure that this chapter will remain consistent with the shoreland protection objectives of Wis. Stats. § 281.31, the municipal governing body may not rezone a wetland in a Shoreland-Wetland Zoning District, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
(1) Stormwater and floodwater storage capacity;
(2) Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
(3) Filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters;
(4) Shoreline protection against erosion;
(5) Fish spawning, breeding, nursery, or feeding grounds;
(6) Wildlife habitat; or
(7) Areas of special recreational, scenic, or scientific interest, including scarce wetland types and habitat of endangered species.
(D) Where the district office of the state’s Department of Natural Resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in division (C) above, the state’s Department of Natural Resources shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
(E) The appropriate district office of the state’s Department of Natural Resources shall be provided with:
(1) A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment within ten days after the submission of those recommendations to the municipal governing body; and
(2) Written notice of the action on the proposed text or map amendment within ten days after the action is taken.
(F) If the state’s Department of Natural Resources notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in division (C) above, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the state’s Department of Natural Resources, as required by division (E)(2) above. If within the 30-day period, the state’s Department of Natural Resources notifies the municipality that the state’s Department of Natural Resources intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality, as provided by Wis. Stats. §§ 62.231(6) and 61.351(6), the proposed amendment shall not become effective until the ordinance adoption procedure under Wis. Stats. §§ 62.231(6) or 61.351(6) is completed or otherwise terminated.
(Prior Code, § 23.07)
Any development, building, or structure or accessory building or structure constructed, altered, added to, modified, rebuilt, or replaced or any use or accessory use established after the effective date of this chapter in violation of the provisions of this chapter, by any person, firm, association, or corporation (including building contractors or their agents) shall be deemed a violation. The Zoning Administrator shall refer violations to the municipal planning agency and the district attorney, corporation counsel, or municipal attorney who shall prosecute such violations.
(Prior Code, § 23.08)
Any person, firm, association, or corporation who violates or refuses to comply with any of the provisions of this chapter shall be subject to a forfeiture as provided in § 36.04 per offense, together with the taxable costs of such action as well as the restoration of the wetlands. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30(2).
(Ord. 03-2019, passed 2-14-2019)